Page 1
Case 3:23-cv-04984-JSC
Document 74
Filed 12/06/24
ROBERTA L. STEELE, SBN 188198 (CA) MARCIA L. MITCHELL, SBN 18122 (WA) JAMES H. BAKER JR, SBN 291836 (CA) MARIKO M. ASHLEY, SBN 311897 (CA) KENA C. CADOR, SBN 321094 (CA) U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 450 Golden Gate Ave., 5th Floor West P.O. Box 36025 San Francisco, CA 94102 Telephone No. (650) 684-0933 Fax No. (415) 522-3425 kena.cador@eeoc.gov
Attorneys for Plaintiff EEOC
Page 1 of 5
Tyree P. Jones Jr., SBN 127631 POLSINELLI 1401 I Street, N.W., Washington, DC 20005-3317 Telephone: (202) 783-3300
Attorneys for Defendant Tesla
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
Plaintiff, vs.
Case No.: 3:23-cv-04984-JSC
STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO SUBMIT SECOND PROPOSED ESI PROTOCOL
TESLA, INC.,
Defendant.
Plaintiff U.S. Equal Employment Opportunity Commission (EEOC) and Defendant Tesla, Inc. (Tesla) (collectively, the Parties) jointly submit this request in accordance with Local Rules 6-2 and 7-12 for the Court to extend the deadline to submit a Second Proposed Protocol Regarding Electronically Stored Information by three business days, in accordance with Pretrial Order No. 2, (ECF 65).
STIP AND [PROPOSED] ORDER TO CONTINUE DEADLINE TO SUBMIT SECOND PROPOSED ESI PROTOCOL
Case No.: 3:23-cv-04984-JSC
Page 2
Case 3:23-cv-04984-JSC
Document 74
Filed 12/06/24
Page 2 of 5
Plaintiff EEOC filed the Complaint in this matter on September 28, 2023. (ECF 1). On
September 26, 2024, following a case management conference, the Court issued Pretrial Order No.
2: Initial Discovery Period Deadlines (Pretrial Order No. 2) (ECF 65). Pretrial Order No. 2 set
November 22, 2024, as the deadline for the parties to submit a Second Proposed Protocol Regarding
Electronically Stored Information (Second ESI Protocol). Id. On November 22, 2024, the Parties
filed a joint stipulation to extend the deadline for the Second ESI Protocol by two weeks, setting the
new deadline for December 6, 2024. That same day, the EEOC circulated a draft Second ESI
Protocol to Tesla. See ECF 73. P 3. Tesla states that given the need to consult with its ESI liaison,
Tesla’s proposed revisions to the Second ESI Protocol are still pending at the time of this filing. Cf.
Id. Tesla has committed to circulating its revisions to the Second ESI Protocol no later than 10:00am
PST on Monday, December 9.
The EEOC notes that it is concerned that lack of movement with the draft and the time
between now and next Wednesday may further frustrate efforts to finalize the Second ESI Protocol
and necessitate additional Court intervention. But the Parties aim, nonetheless, to submit the Second
ESI Protocol before the next Case Management Conference scheduled for December 12, 2024 [see
ECF 65] and avoid further delays.
There is good cause for the Court to extend this deadline by three business days. The Second
ESI Protocol has not been finalized. Given the need to consult with ESI liaisons, the Parties have
been unable to finalize the Second ESI Protocol within the time allotted but anticipate doing so with
a modest amount of additional time. A three business day extension (to December 11, 2024) would
enable the parties to submit a second ESI Protocol or a dispute concerning the protocol ahead of the
next Case Management Conference, which is scheduled for December 12, 2024 (ECF 65). This
extension, furthermore, would not disrupt any other deadlines in this case.
Accordingly, the Parties respectfully request the Court enter an order extending the deadline
to submit the Second Stipulated Order Regarding ESI to December 11, 2024 and setting 10:00am
PST on December 9, 2024 as the deadline for Tesla to provide its revisions to the Second Stipulated
Order Regarding ESI.
STIP AND [PROPOSED] ORDER TO
CONTINUE DEADLINE TO SUBMIT SECOND
PROPOSED ESI PROTOCOL
Case No.: 3:23-cv-04984-JSC
Page 3
Case 3:23-cv-04984-JSC
Document 74
Filed 12/06/24
Page 3 of 5
STIPULATION
WHEREAS, the Parties believe that good cause exists to extend the deadline to submit a
Second ESI Protocol by two weeks, as the Parties have been unable to complete it within the allotted
time;
WHEREAS, this extension would not disrupt any other deadlines in this case;
WHEREAS, the only previously requested continuances or extensions to the Court’s
deadlines was to vacate the Initial Case Management Conference until after the Court ruled on
Tesla’s Motion to Stay (ECF 23) and to extend the deadline to submit this Second ESI Protocol
(ECF 71);
THEREFORE, it is hereby stipulated and agreed that, subject to Court approval, the deadline to submit the Second ESI Protocol is extended to December 11, 2024.
THEREFORE, it is hereby also stipulated and agreed that, subject to Court approval, Tesla
must circulate its proposed revisions to this protocol to the EEOC no later than 10:00am PST on
Monday, December 9.
IT IS SO STIPULATED.
Respectfully submitted,
DATED this 6th of December, 2024.
ROBERTA STEELE
Regional Attorney
KARLA GILBRIDE
General Counsel
MARCIA L. MITCHELL
Assistant Regional Trial Attorney
CHRISTOPHER LAGE
Deputy General Counsel
JAMES H. BAKER
Senior Trial Attorney
Office of the General Counsel 131 M Street, N.E.
Washington, D.C. 20507
MARIKO M. ASHLEY
Senior Trial Attorney KENA C. CADOR Senior Trial Attorney
BY:
/s/ James H. Baker KENA C. CADOR
STIP AND [PROPOSED] ORDER TO
CONTINUE DEADLINE TO SUBMIT SECOND
PROPOSED ESI PROTOCOL
Case No.: 3:23-cv-04984-JSC
Page 4
Case 3:23-cv-04984-JSC
Document 74
Filed 12/06/24
Page 4 of 5
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
San Francisco District Office 450 Golden Gate Ave., 5th Floor West P.O. Box 36025 San Francisco, CA 94102 Telephone (650) 684-0950 James.baker@EEOC.gov
Attorneys for Plaintiff EEOC
BY:
/s/ Tyree P. Jones, Jr.
Tyree P. Jones Jr., SBN 127631 (CA) POLSINELLI 1401 I Street, N.W., Washington, DC 2005-3317 Telephone No. (202) 783-3300
Attorneys for Defendant Tesla Inc. STIP AND [PROPOSED] ORDER TO CONTINUE DEADLINE TO SUBMIT SECOND PROPOSED ESI PROTOCOL
Case No.: 3:23-cv-04984-JSC
Page 5
Case 3:23-cv-04984-JSC Document 74 Filed 12/06/24 Page5of5
LOCAL RULE 5-1(D(3) ATTESTATION
I, Tyree P. Jones Jr., am the ECF User whose ID and password are being used to file the || foregoing document. In compliance with Local Rule 5-1(i)(3), I hereby attest that counsel for || Defendant concurred in this filing on December 6, 2024.
| Dated: December 6, 2024 BY: _// Tyree P. Jones Jr.
Tyree P. Jones Jr.
[PROPOSED] ORDER
| PURSUANT TO STIPULATION, IT IS SO ORDERED THAT:
The deadline to submit a Second Proposed Protocol Regarding Electronically Stored Information in accordance with Pretrial Order No. 2 (ECF 65) is extended to December 11, 2024. Tesla must circulate its proposed revisions to this protocol to the EEOC no later than
10:00am on Monday, December 9.
Dated:
HON. JACQUELINE S. CORLEY
United States District Court Judge
STIP AND [PROPOSED] ORDER TO
CONTINUE DEADLINE TO SUBMIT SECOND 5
PROPOSED ESI PROTOCOL Case No.: 3:23-cv-04984-JSC
Back to 
